Philosophical Foundations Of The Law Of Express Trusts

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Philosophical Foundations of the Law of Express Trusts

Author :
Publisher : Oxford University Press
ISBN 13 : 019265943X
Total Pages : 289 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Philosophical Foundations of the Law of Express Trusts by :

Download or read book Philosophical Foundations of the Law of Express Trusts written by and published by Oxford University Press. This book was released on 2023-11-03 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.

Philosophical Foundations of the Law of Express Trusts

Author :
Publisher : Oxford University Press
ISBN 13 : 0192844938
Total Pages : 289 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Philosophical Foundations of the Law of Express Trusts by :

Download or read book Philosophical Foundations of the Law of Express Trusts written by and published by Oxford University Press. This book was released on 2023-11-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.

Philosophical Foundations of Fiduciary Law

Author : Andrew S. Gold
Publisher : Philosophical Foundations of L
ISBN 13 : 0198701721
Total Pages : 449 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Philosophical Foundations of Fiduciary Law by : Andrew S. Gold

Download or read book Philosophical Foundations of Fiduciary Law written by Andrew S. Gold and published by Philosophical Foundations of L. This book was released on 2014 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.

Philosophical Foundations of the Nature of Law

Author : Wil Waluchow
Publisher : Oxford University Press
ISBN 13 : 0199675511
Total Pages : 386 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Philosophical Foundations of the Nature of Law by : Wil Waluchow

Download or read book Philosophical Foundations of the Nature of Law written by Wil Waluchow and published by Oxford University Press. This book was released on 2013-03-14 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.

Philosophical Foundations of the Law of Torts

Author : John Oberdiek
Publisher :
ISBN 13 : 0198701381
Total Pages : 464 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Philosophical Foundations of the Law of Torts by : John Oberdiek

Download or read book Philosophical Foundations of the Law of Torts written by John Oberdiek and published by . This book was released on 2014-02 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Philosophical Foundations of the Law of Equity

Author : Dennis Klimchuk
Publisher : Oxford University Press
ISBN 13 : 0192549863
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Philosophical Foundations of the Law of Equity by : Dennis Klimchuk

Download or read book Philosophical Foundations of the Law of Equity written by Dennis Klimchuk and published by Oxford University Press. This book was released on 2020-04-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Oxford Studies in Private Law Theory Volume II

Author : Miller
Publisher : Oxford University Press
ISBN 13 : 0198876076
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Oxford Studies in Private Law Theory Volume II by : Miller

Download or read book Oxford Studies in Private Law Theory Volume II written by Miller and published by Oxford University Press. This book was released on 2023-06-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.

Equity Today

Author : Ben McFarlane
Publisher : Bloomsbury Publishing
ISBN 13 : 1509960090
Total Pages : 463 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Equity Today by : Ben McFarlane

Download or read book Equity Today written by Ben McFarlane and published by Bloomsbury Publishing. This book was released on 2023-06-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.

A Research Agenda for Property Law

Author : Bram Akkermans
Publisher : Edward Elgar Publishing
ISBN 13 : 1803924810
Total Pages : 287 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis A Research Agenda for Property Law by : Bram Akkermans

Download or read book A Research Agenda for Property Law written by Bram Akkermans and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.

Philosophical Foundations of the Law of Unjust Enrichment

Author : Robert Chambers
Publisher : Philosophical Foundations of L
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Philosophical Foundations of the Law of Unjust Enrichment by : Robert Chambers

Download or read book Philosophical Foundations of the Law of Unjust Enrichment written by Robert Chambers and published by Philosophical Foundations of L. This book was released on 2009 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction /Robert Chambers, Charles Mitchell, and James Penner --Correctively unjust enrichment /Ernest J Weinrib --Restitution's realism /Hanoch Dagan --The normative foundations of unjust enrichment /Dennis Klimchuk --Resisting temptations to 'justice' /Mitchell McInnes --The nature of responsibility for gain : gain, harm, and keeping the lid on Pandora's box /Kit Barker --Unjust enrichment : nearer to tort than contract /Stephen A. Smith --The meaning of loss and enrichment /James Edelman --Two kinds of enrichment /Robert Chambers --Philosophical foundations of proprietary remedies /Lionel Smith --Value, property, and unjust enrichment : trusts of traceable proceeds /James Penner --Property, unjust enrichment and defective transfers /Charlie Webb --'Mistakes of law' and legal reasoning : interpreting Kleinwort Benson v Lincoln City Council /Aruna Nair --Unjust enrichment and the idea of public law /Charles Mitchell and Peter Oliver --Unconscionable enrichment? /Prince Saprai.

Philosophical Foundations of Human Rights

Author : Rowan Cruft
Publisher : Oxford University Press
ISBN 13 : 0199688621
Total Pages : 721 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Philosophical Foundations of Human Rights by : Rowan Cruft

Download or read book Philosophical Foundations of Human Rights written by Rowan Cruft and published by Oxford University Press. This book was released on 2015 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Property Law in the Society of Equals

Author : Christopher Essert
Publisher : Oxford University Press
ISBN 13 : 0197768954
Total Pages : 249 pages
Book Rating : 4.1/5 (977 download)

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Book Synopsis Property Law in the Society of Equals by : Christopher Essert

Download or read book Property Law in the Society of Equals written by Christopher Essert and published by Oxford University Press. This book was released on 2024 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--

Modern Studies in Property Law, Volume 12

Author : Natalie Mrockova
Publisher : Bloomsbury Publishing
ISBN 13 : 1509963677
Total Pages : 327 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Modern Studies in Property Law, Volume 12 by : Natalie Mrockova

Download or read book Modern Studies in Property Law, Volume 12 written by Natalie Mrockova and published by Bloomsbury Publishing. This book was released on 2023-08-10 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students. It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.

Law at the Cutting Edge

Author : Sinéad Agnew
Publisher : Bloomsbury Publishing
ISBN 13 : 1509965173
Total Pages : 371 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Law at the Cutting Edge by : Sinéad Agnew

Download or read book Law at the Cutting Edge written by Sinéad Agnew and published by Bloomsbury Publishing. This book was released on 2024-04-04 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection celebrates the immense contribution of Sarah Worthington to the field of private law. Defining the subject broadly, experts from the judiciary and the academy address contemporary challenges arising in the fields of agency, company law and insolvency, contract law, equity, the law of money, personal property, restitution and unjust enrichment. The breadth of the contributors' expertise and their willingness to offer innovative and insightful solutions to difficult problems perfectly mirror Sarah Worthington's rigorous and inspirational approach to private law scholarship.

Fiduciaries and Trust

Author : Paul B. Miller (Law teacher)
Publisher :
ISBN 13 : 9781108616225
Total Pages : pages
Book Rating : 4.6/5 (162 download)

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Book Synopsis Fiduciaries and Trust by : Paul B. Miller (Law teacher)

Download or read book Fiduciaries and Trust written by Paul B. Miller (Law teacher) and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "We begin with two bibliographical observations. First, scholarly interest in trust is no recent phenomenon, but lately there has been a flowering of academic literature studying numerous dimensions of trust from the standpoints of philosophy, economics, sociology and psychology. The depth and richness of this literature is impressive but hardly surprising, given that trust itself is a notoriously complex, elusive, and fact-specific phenomenon. Secondly, scholarly interest in the fiduciary principle that plays such a central role in common law legal systems with a tradition of equity was scarce until the late twentieth century. However, that situation has most definitely changed (for the better), and we now enjoy an abundance of scholarship exploring the fiduciary principle in private law. Moreover, there is a growing body of work exploring ideas of fiduciary government and international law. Scholars are puzzling over fiduciaries and trust as never before. Given this, one might expect to see a flourishing of academic interest in the relation of fiduciaries and trust, especially as it is often assumed or asserted that such a relation exists and that it has descriptive or normative significance for fiduciary law and practice. Yet this is not the case. Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. Our contributors explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves"--

Asia-Pacific Trusts Law, Volume 2

Author : Ying Khai Liew
Publisher : Bloomsbury Publishing
ISBN 13 : 1509954627
Total Pages : 417 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Asia-Pacific Trusts Law, Volume 2 by : Ying Khai Liew

Download or read book Asia-Pacific Trusts Law, Volume 2 written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2022-12-15 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and to analyse their causes and effects. The contributions discuss how the trust structure, with its inherent malleability, has been adapted to meet a diverse set of local needs, including social, religious, economic, commercial, or even historical needs. But in most instances, those needs - and the ways in which trusts law has been adapted to meet them - are not unique to a single jurisdiction: they often (coincidentally or otherwise) find much in common with others. By making its readers aware of the commonality of needs in Asia- Pacific, this book also aims to encourage coordination and cooperation in utilising trusts law to address shared concerns across the region.

From Morality to Law and Back Again: Liber Amicorum for John Gardner

Author : Dempsey
Publisher : Oxford University Press
ISBN 13 : 0198860595
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis From Morality to Law and Back Again: Liber Amicorum for John Gardner by : Dempsey

Download or read book From Morality to Law and Back Again: Liber Amicorum for John Gardner written by Dempsey and published by Oxford University Press. This book was released on 2023-08-17 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford. Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written. In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue. Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.